Driving on a suspended license is a serious offense in California. In addition to incurring monetary penalties, you may also face jail time.
If you are currently charged with driving on a suspended license, contact a knowledgeable DUI defense lawyer in California right away. Your attorney will work hard to protect your legal rights, determine your available options, and secure the best possible result in your case.
What Does a Prosecutor Need to Prove to Convict You in California?
For a prosecutor to convict you of driving on a suspended license in California, they must prove several key elements beyond a reasonable doubt.
- First, the prosecutor must show that you were driving. This means they need evidence that you operated a motor vehicle when police stopped you. It may be from a police officer’s testimony or traffic cameras. If you were not the person driving, they cannot prove this element of the charge, and the court may dismiss the case.
- Second, the prosecutor has to prove that the state had suspended or revoked your driver’s license at the time you were driving. A suspension means you could not legally drive, typically due to a DUI conviction, excessive traffic violations, or failure to pay fines. A prosecutor will often present records from the Department of Motor Vehicles (DMV) to establish this element.
- Third, the prosecutor must show that you knew the state had suspended your license. This is a critical element of the case. The prosecutor will need to prove that you knew about your suspension when you got behind the wheel. Usually the state proves this by showing that the DMV sent you a letter informing you of the suspension or that a judge had previously told you about it. Even if you claim you didn’t receive the notice, as long as the state sent it to your address, the prosecutor may still argue that the state notified you.
- Lastly, the prosecutor must prove that you drove a vehicle despite knowing that the state suspended your license. In other words, you knowingly ignored the suspension and drove anyway. If you had no knowledge of the suspension, then this part of the charge may not hold up in court.
If the prosecutor can successfully prove all of these elements beyond a reasonable doubt, then the court may convict you of driving on a suspended license.
Potential Penalties for Driving on a Suspended License in California
In California, driving on a suspended license is a serious offense, and the penalties you may face will depend on the reason the state suspended your license in the first place – and whether this is your first offense or a repeated violation.
If this is your first offense, and your license was suspended for reasons like too many traffic tickets or failure to appear in court, you can face up to six months in the county jail and a fine between $300 and $1,000.
The judge also has the option to place you on probation instead of sending you to jail. Probation may require you to follow specific rules, like paying fines and not committing any other offenses.
If your license was suspended for more serious reasons, like a DUI conviction, the penalties are stricter. For a first offense, you can face up to six months in jail and fines ranging from $300 to $1,000.
The court may also impose additional conditions, like extending your suspension period and requiring you to install an ignition interlock device (IID) in your vehicle. An IID is a device that you must blow into before starting your car, and it prevents the car from starting if alcohol is detected on your breath.
For repeat offenses, the penalties increase. A second conviction for driving on a suspended license can lead to up to one year in county jail, higher fines, and a longer suspension period. Repeat offenders are also more likely to face harsher consequences, like mandatory jail time and stricter probation terms.
Aside from the immediate penalties like fines and jail time, there are other long-term consequences of being convicted of driving on a suspended license.
Your car insurance rates will likely increase significantly, or your insurance company may cancel your policy. This conviction can also make it harder to find employment – especially if the job involves driving.
Finally, a conviction can extend the length of your license suspension, meaning it will take even longer to get your driving privileges back. In some cases, you may have to complete specific requirements, like attending traffic school or paying off all outstanding fines, before you can even apply for reinstatement of your license.
Important Steps to Take if You’re Caught Driving on a Suspended License
If police catch you driving on a suspended license in California, to protect your legal rights and minimize the potential consequences:
- Stay Calm and Cooperate with Law Enforcement – When police pull you over and the officer believes you have driven on a suspended license, stay calm. Cooperate with the officer, and do not argue or resist. Acting calmly can help prevent the situation from escalating and may even work in your favor if you later face charges.
- Do Not Admit Guilt – Avoid making any statements that admit guilt. Don’t say things like, “I knew my license was suspended, but I drove anyway.” You need not explain why you drove or offer any excuses. The authorities can use anything you say against you in court, so provide basic information only and avoid admitting fault.
- Contact an Attorney Immediately – Once police cite or arrest you, the most important thing you can do is contact an experienced criminal defense attorney. A skilled lawyer will understand the laws surrounding driving on a suspended license in California and can help you build a strong defense. They can also negotiate with the prosecutor to reduce your charges or potential penalties, especially if this is your first offense.
- Understand Why Your License is Suspended – Review the reason for your license suspension. Sometimes, drivers don’t even know the state suspended their license, perhaps due to a clerical error or unpaid fines. Understanding why the state suspended your license can help resolve the issue. Your lawyer can look into this and find ways to reinstate your license.
- Address the Reason for Your Suspension – To avoid future charges, address the underlying issue that caused your suspension. This may involve paying fines, attending court hearings, completing traffic school, or fulfilling any other legal obligations. Once these issues resolve, you can work on reinstating your license.
- Attend All Court Dates – Missing a court date can result in the court issuing a warrant for your arrest, which will only make things worse. Attend all scheduled court dates and follow your criminal defense attorney’s advice on how to proceed.
By taking these steps, you can improve your chances of minimizing the penalties for driving on a suspended license and getting your driving privileges back sooner.
Potential Defenses for Driving on a Suspended License in California
If authorities charge you with driving on a suspended license in California, your lawyer can raise several legal defenses to fight the charges. The specific defense you can use depends on your case.
Here are some of the most important defenses:
- You Did Not Know the State Suspended Your License – One key element the prosecution must prove is that you knew the state suspended your license. If you show that you didn't know about the suspension, your lawyer may use this as a valid defense. For example, the DMV may have sent the suspension notice to the wrong address or committed another clerical error. If you didn’t receive proper notification, the state cannot hold you responsible for knowingly driving on a suspended license.
- The State Did Not Actually Suspend Your License – Sometimes, drivers face charges of driving on a suspended license when the state hadn't suspended it. This can happen due to paperwork errors or misunderstandings. If you can prove that your license was valid at the time you were pulled over, the court should drop the charges against you. You can present DMV records or other official documents to prove your license status.
- You Had a Valid Necessity Defense – A necessity defense may apply if you drove on a suspended license because of an emergency or urgent situation. For instance, if you had to drive someone to the hospital or avoid immediate danger, the court may accept that you had no other choice. To successfully use this defense, you need to show that the emergency was real and you had no other reasonable option besides driving.
- Mistaken Identity – If you were not the person driving the vehicle at the time of the stop, you can use mistaken identity as a defense. This can happen if someone else drives your car or if the officer wrongly identifies you as the driver. In this case, presenting evidence such as witness testimony or video footage may demonstrate your innocence.
- Challenging the Traffic Stop – If the police officer did not have a valid reason to pull you over in the first place, your lawyer can challenge the legality of the traffic stop. If the court rules the stop unlawful, it may exclude any evidence gathered during the stop – including your suspended license.
How Can a Criminal Defense Lawyer Help in a Driving on Suspended License Case in California?
If you are charged with driving on a suspended license in California, hiring an experienced criminal defense lawyer is one of the most important steps you can take to protect your rights and minimize the consequences.
Here are several ways that a skilled lawyer can help you with your case:
- Explaining Your Legal Options – A criminal defense lawyer will first explain the charges against you and the penalties you may face. They can explain the legal process and your options, such as fighting the charges in court or negotiating for reduced penalties. A clear understanding of your situation can help you decide the best way to move forward.
- Building a Strong Legal Defense – A good lawyer will carefully review the details of your case to identify any potential defenses. For example, they will determine whether the prosecution can prove that you knew the state had suspended your license or if the DMV's records contained any mistakes. Your lawyer can also look for any issues with how the police conducted the traffic stop, which may lead to evidence being dismissed.
- Negotiating with the Prosecutor – In many cases, a criminal defense lawyer can negotiate with the prosecutor to reduce the charges or penalties. If this is your first offense, your lawyer can work out a deal that avoids jail time and minimizes fines. In some cases, they may even get the charges dismissed if they find weaknesses in the prosecution’s case.
- Representing You in Court – If your case goes to trial, your lawyer will represent you in court. They will present your defense, cross-examine witnesses, and argue on your behalf. Their goal is to raise enough doubt about the prosecution’s case so that the court reduces or dismisses the charges against you.
- Helping You Reinstate Your License – In addition to defending you against the charges, an experienced lawyer can take the steps necessary to reinstate your license. This may involve resolving unpaid fines, completing court-ordered programs, or addressing the underlying reason for your suspension.
Overall, a knowledgeable criminal defense lawyer can provide valuable guidance and support throughout your case, increasing your chances of a positive outcome and helping you get back on the road legally.
Call an Experienced Criminal Defense Attorney in California Right Away
If you are currently facing a charge for driving on a suspended license, a knowledgeable California criminal defense lawyer can help you. Your attorney can determine your legal options, safeguard your rights, handle every step of the process for you, and advocate for you during all courtroom proceedings.
Chudnovsky Law will do everything possible to help you secure a favorable result in your case.